Card Range To Study

113 Cards in this Set

Concerns all agencies, boards, commissions, and other entities created by a federal or state legislature and charged with investigating, regulating, and adjudicating a particular industry or issue.

civil law

The large body of law concerning the rights and duties between parties. It is distinguished from criminal law, which concerns behavior outlawed by a government.

common law

law Judge-made law, that is, the body of all decisions made by appellate courts over the years

criminal law

Rules that permit a government to punish certain behavior by fine or imprisonment.

equity

The broad powers of a court to fashion a remedy where justice demands it and no common law remedy exists. An injunction is an example of an equitable remedy.

injunction

A court order that a person either do or stop doing something

jurisprudence

The study of the purposes and philosophies of the law, as opposed to particular provisions of the law

precedent

An earlier case that decided the same legal issue as that presently in dispute, and which therefore will control the outcome of the current case.

private law

Refers to the rights and duties between individuals that they themselves have created, for example, by entering into a contract or employment relationship

procedural law

The rules establishing how the legal system itself is to operate in a particular kind of case.

public law

Refers to the rights and obligations of governments as they deal with the nation's citizens, for example, by taxing individuals, zoning neighborhoods, and regulating advertisements

sovereign

Refers to the recognized political power whom citizens obey. In the United States, the federal and all of the state governments are sovereigns

stare decisis

"Let the decision stand." A basic principle of the common law, it means that precedent is usually binding.

statute

A law passed by a legislative body, such as Congress.

substantive law

Rules that establish the rights of parties. For example, the prohibition against slander is substantive law, as opposed to procedural law

writ

An order from a government compelling someone to do a particular thing.

affirm

A decision by an appellate court to uphold the judgment of a lower court.

alternative dispute resolution

Any method of resolving a legal conflict other than litigation, such as: negotiation, arbitration, mediation, mini-trials, and summary jury trials

appellant

The party who appeals a lower court decision to a higher court.

appellate court

Any court in a state or federal system that reviews cases that have already been tried.

apellee

The party opposing an appeal from a lower court to a higher court

arbitration

A form of alternative dispute resolution in which the parties hire a neutral third party to hear their respective arguments, receive evidence, and then make a binding decision.

brief

The written legal argument that an attorney files with an appeal court.

burden of proof

The allocation of which party must prove its case. In a civil case, the plaintiff has the burden of proof to persuade the factfinder of every element of her case. In a criminal case, the government has the burden of proof.

writ of certiorari

Formal notice from the United States Supreme Court that it will accept a case for review

challenge for cause

An attorney's request, during voir dire, to excuse a prospective juror because of apparent bias.

class action

A method of litigating a civil lawsuit in which one or more plaintiffs (or occasionally defendants) seek to represent an entire group of people with similar claims against a common opponent

complaint

A pleading, filed by the plaintiff, providing a short statement of the claim.

counter claim

A claim made by the defendant against the plaintiff.

cross examination

During a hearing, for a lawyer to question an opposing witness.

default judgement

Court order awarding one party everything it requested because the opposing party failed to respond in time.

deponent

The person being questioned in a deposition

direct examination

During a hearing, for a lawyer to question his own witness.

directed verdict

The decision by a court to instruct a jury that it must find in favor of a particular party because, in the judge's opinion, no reasonable person could disagree on the outcome.

discovery

A stage in litigation, after all pleadings have been served, in which each party seeks as much relevant information as possible about the opposing party's case

error of law

A mistake made by a trial judge that concerns a legal issue as opposed to a factual matter. Permitting too many leading questions is a legal error; choosing to believe one witness rather than another is a factual matter

rules of evidence

Law governing the proof offered during a trial or formal hearing. These rules limit the questions that may be asked of witnesses and the introduction of physical objects

federal question jurisdiction

One of the two main types of civil cases that a United States district court has the power to hear. It involves a federal statute or a constitutional provision

harmless error

A ruling made by a trial court which an appeals court determines was legally wrong but not fatal to the decision.

in camera

"In the judge's chambers," meaning that the judge does something out of view of the jury and the public.

judgement non obstante verdicto (n.o.v.)

"Judgment notwithstanding the verdict." A trial judge overturns the verdict of the jury and enters a judgment in favor of the opposing party.

jurisdiction

The power of a court to hear a particular dispute, civil or criminal, and to make a binding decision

litigation

the process of resolving disputes through formal court proceedings

mediation

The process of using a neutral person to aid in the settlement of a legal dispute. A mediator's decision is non-binding

mini trial

A form of alternative dispute resolution in which the parties present short versions of their cases to a panel of three "judges."

modify

an apellate court order changing a lower court ruling

modify

A formal request that a court take some specified step during litigation. A motion to compel discovery is a request that a trial judge order the other party to respond to discovery

peremptory challenge

During voir dire, a request by one attorney that a prospective juror be excused for an unstated reason.

pleadings

The documents that begin a lawsuit: the complaint, the answer, the counter-claim and reply.

preponderance of the evidence

The level of proof that a plaintiff must meet to prevail in a civil lawsuit. It means that the plaintiff must offer evidence that, in sum, is slightly more persuasive than the defendant's evidence.

reasonable doubt

The level of proof that the government must meet to convict the defendant in a criminal case. The factfinder must be persuaded to a very high degree of certainty that the defendant did what the government alleges.

remand

The power of an appellate court to return a case to a lower court for additional action.

reply

A pleading, filed by the plaintiff in response to a defendant's counter-claim.

reverse

The power of an appellate court to overrule a lower court and grant judgment for the party that had lost in the lower court.

summary judgement

The power of a trial court to terminate a lawsuit before a trial has begun, on the grounds that no essential facts are in dispute

summary jury trial

A form of alternative dispute resolution in which a small panel of jurors hears shortened, summarized versions of the evidence

trial court

Any court in a state or federal system that holds formal hearings to determine the facts in a civil or criminal case.

voir dire

The process of selecting a jury. Attorneys for the parties and the judge may inquire of prospective jurors whether they are biased or incapable of rendering a fair and impartial verdict.

adjudicate

To hold a formal hearing in a disputed matter and issue an official decision

bill

A proposed statute that has been submitted for consideration to Congress or a state legislature

common law

Judge-made law, that is, the body of all decisions made by appellate courts over the years.

de novo

The power of an appellate court or appellate agency to make a new decision in a matter under appeal, entirely ignoring the findings and conclusions of the lower court or agency official.

enabling legislation

A statute authorizing the creation of a new administrative agency and specifying its powers and duties

exhaustion of remedies

A principle of administrative law that no party may appeal an agency action to a court until she has utilized all available appeals within the agency itself.

promulgate

To issue a new rule.

subpoena

An order to appear, issued by a court or government body

subpoena duces teccum

An order to produce certain documents or things before a court or government body.

attachment

A court order seizing property of a party to a civil action, so that there will be sufficient assets available to pay the judgment.

commerce clause

One of the powers granted by Article I, §8 of the Constitution, it gives Congress exclusive power to regulate international commerce and concurrent power with the states to regulate domestic commerce.

commercial speech

Communication, such as television advertisements, that has the dominant theme of proposing a commercial transaction.

eminent domain

The power of the government to take private property for public use

equal protection clause

Part of the Fourteenth Amendment, it generally requires the government to treat equally situated people the same.

14th amendment

fundamental rights

In constitutional law, those rights that are so basic that any governmental interference with them is suspect and likely to be unconstitutional

judicial activism

The willingness shown by certain courts (and not by others) to decide issues of public policy, such as constitutional questions (free speech, equal protection, etc.) and matters of contract fairness (promissory estoppel, unconscionability, etc.).

judicial restrain

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judicial review

The power of the judicial system to examine, interpret, and even nullify actions taken by another branch of government.

preemption

The doctrine, based on the Supremacy Clause, by which any federal statute takes priority whenever (1) a state statute conflicts or (2) there is no conflict but Congress indicated an intention to control the issue involved

based of supremecy clause

supremecy clause

From Article VI of the Constitution, it declares that federal statutes and treaties take priority over any state law, if there is a conflict between the two or, even absent a conflict, if Congress manifests an intent to preempt the field.

Articl VI of the Constitution

takings clause

Part of the Fifth Amendment, it ensures that when any governmental unit takes private property for public use, it must compensate the owner.

5th amendment

assault

An intentional act that causes the plaintiff to fear an imminent battery.

battery

The intentional touching of another person in a way that is unwanted or offensive.

compensatory damages

Those that flow directly from the contract.

contribuatory negligence

A rule of tort law that permits a negligent defendant to escape liability if she can demonstrate that the plaintiff's own conduct contributed in any way to the plaintiff's harm.

defamation

The act of injuring someone's reputation by stating something false about her to a third person. Libel is defamation done either in writing or by broadcast. Slander is defamation done orally.

element

A fact that a party to a lawsuit must prove in order to prevail.

false imprisonment

The intentional restraint of another person without reasonable cause and without her consent

intentional tort

An act deliberately performed that violates a legally imposed duty and injures someone.

justification

A criminal defense in which the defendant establishes that he broke the law to avoid a greater harm.

negligence per se

Violation of a standard of care set by statute. Driving while intoxicated is illegal; thus, if a drunk driver injures a pedestrian, he has committed negligence per se.

res ipsa loquitur

A doctorine of tort law holding that the facts may imply negligence when the defendant had exclusive control of the thing that caused the harm, the accident would not normally have occurred without negligence, and the plaintiff played no rold in causing the injury

strict liability

A tort docorine holding to a very high standard all those who engage in ultrahazardous activity (eg using explosives) or who manufacture certain products

tort

a civil wrong, committed in violation of a duty that the law imposes

ultrahazardous activity

conduct that is lawful yet unusual and much more likely to cause injury than normal commercial activity

acquit

To find the defendant not guilty of the crime for which he was tried.

actus reus

The guilty act. The prosecution must show that a criminal defendant committed some proscribed act. In a murder prosecution, taking another person's life is the actus reus

affidavit

A written statement signed under oath.

agent

a person who acts for a principal

arson

Malicious use of fire or explosives to damage or destroy real estate or personal property

deterrance

Using punishment, such as imprisonment, to discourage criminal behavior.

due process clause

Part of the Fifth Amendment. Procedural due process ensures that before depriving anyone of liberty or property, the government must go through procedures which ensure that the deprivation is fair. Substantive due process holds that certain rights, such as privacy, are so fundamental that the government may not eliminate them.

5th amendment

curess

(1) A criminal defense in which the defendant shows that she committed the wrongful act because a third person threatened her with imminent physical harm. (2) An improper threat made to force another party to enter into a contract.

embezzlement

Fraudulent conversion of property already in the defendant's possession

entrapment

A criminal defense in which the defendant demonstrates that the government induced him to break the law.

exclusionary rule

In a criminal trial, a ban on the use of evidence obtained in violation of the Constitution.

felony

The most serious crimes, typically those for which the defendant could be imprisoned for more than a year

fraud

Deception of another person to obtain money or property from her

indictment

The government's formal charge that a defendant has committed a crime.

larceny

Taking personal property with the intention of preventing the owner from ever using it.

mens rea

guily state of mind

misdemeanor

A less serious crime, typically one for which the maximum penalty is incarceration for less than a year, often in a jail, as opposed to a prison.

motion to suppress

A request that the court exclude evidence because it was obtained in violation of the Constitution

probably cause

In a search and seizure case, it means that the information available indicates that it is more likely than not that a search will uncover particular criminal evidence.

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